Allowed

Piyush Birbal Gupta and Ors. v. the State of Maharashtra and Anr.

Bombay HC21 Aug 2024APL/843/2024

Case brief

AI extract

What is this about?

The High Court allowed the application under Section 482 CrPC for quashing criminal proceedings under Sections 498A, 406 r/w 34 IPC, based on the amicable settlement and no-objection affidavit filed by the complainant/respondent.

What did the court decide?

Quashing of C.C. No. 1682/PW/2020 pending before the Metropolitan Magistrate, 67th Court, Borivali, Mumbai.

Piyush Birbal Gupta and Ors. vs the State of Maharashtra… — Dowry and Cruelty | Bombay HC (2024)

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Ingale 18-apl-843-24.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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Digitally signed URMILA by URMILAPRAMOD PRAMOD INGALE INGALE Date:2024.08.27 11:10:42 +0530

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION (APL) NO. 843 OF 2024

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Piyush Birbal Gupta and ors. … Applicants

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V/s.

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The State of Maharashtra and anr. … Respondents

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Mr. Mahesh Rajpopat a/w Ms.Akshit Kothari, for Applicants. Mr. Anand S. Shalgaonkar, A.P.P. for Respondent-State. Ms.Vishakha Gala, for Respondent No.2. Applicant No.1-Mr.Piyush Gupta present. Respondent No.2- Sejal Gupta present.

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CORAM : A. S. GADKARI AND

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DR. NEELA GOKHALE, JJ. DATE : 21^st August 2024.

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P.C. :

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The husband and in-laws of Respondent No.2 have filed the present Application under Section 482 of the Code of Criminal Procedure, 1973 for quashing of C.C. No. 1682/PW/2020 pending on the file of Metropolitan Magistrate, 67^th Court, Borivali, Mumbai under Sections 498A, 406 read with 34 of the Indian Penal Code, arising out of C.R.No. 533 of 2018 registered with Goregaon Police Station, Mumbai with the consent of the Respondent No.2, the informant.

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Learned advocate for Respondent No.2 submitted that, the parties herein i.e. Applicant No.1 and Respondent No.2 have settled their

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Ingale 18-apl-843-24.doc

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dispute and differences amicably and have filed Consent Terms dated 3^rd May 2024 below Exhibit 9 in Case No. 215/DV/2018 in the Court of Metropolitan Magistrate, Borivali, Mumbai. That in pursuance of the said Consent Terms, the Respondent No.2 is giving her no objection for quashing of the said crime. He submitted that, the Respondent No.2 has already filed on record her Affidavit dated 5^th August 2024 duly affirmed before the Assistant Registrar of this Court. In the said Affidavit, the Respondent No.2 has admitted the fact of amicable settlement and filing of Consent Terms. In paragraph no. 4 thereof, the Respondent No.2 has given her no objection for quashing of the said case.

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2.1) Respondent No.2 is personally present in the Court and through her advocate reiterates the contents of her Affidavit dated 5^th August 2024 and her ‘no objection’ for quashing of crime in question.

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In view thereof, the Application is allowed in terms of prayer clauses (a-1) and (a-2).

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( DR. NEELA GOKHALE, J. )

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Piyush Birbal Gupta and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Piyush Birbal Gupta and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

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